Rights and Obligations of Party A. 0. Xxxxx A has the right to require Party B to keep in confidence relevant financial information and trade secrets relating to production and operation of Party A unless otherwise provided by laws and regulations.
2. Party A shall provide relevant financial information and information relating to production and operation as required by Party B and shall be responsible for the authenticity, integrity and validity of such information.
3. Party A undertakes that all settlements and deposits relating to the Loan shall be conducted through its accounts opened with Party B or Party B’s relevant branch.
4. Party A shall assist in and accept Party B’s inspection and supervision of its production, operation, financial activities and utilization of the Loan.
5. Party A shall utilize the Loan for the purpose as provided for hereunder.
6. Party A shall punctually repay the principal and interest in accordance with this Contract.
7. Party A or its investors shall not transfer any funds or assets in order to evade the indebtedness owed to Party B.
8. Party A shall give Party B a prior written notice for Party B’s consent if Party A intends to provide security for any third party during the term of this Contract and such security may affect Party A’s ability to make repayment under this Contract.
9. Party A shall promptly arrange for new security(ies) satisfactory to Party B where the Guarantor in respect of this Contract ceases or suspends production; its corporate registration is canceled, or business license revoked; it is bankrupt or dissolved; it is operating at a loss; or any other negative change has occurred, and such aforementioned incidents result in loss or partial loss of the Guarantor’s ability to secure the Loan, or where the mortgaged or pledged property(ies) for securing the Loan depreciate(s) or is (are) damaged or destroyed.
10. Party A shall promptly inform Party B of any relevant changes during the term of this Contract, including without limitation its business name, legal representative (or chief officer), registered office, business purpose or registered capital.
11. Where Party A intends to carry out activity(ies) during the term of this Contract which may have an impact on the realization of Party B’s rights hereunder, Party A shall give Party B a [30] banking days prior written notice for its consent to such intended activity(ies) and shall further take sufficient measures to safeguard the repayment of the indebtedness under this Contract and ar...
Rights and Obligations of Party A. 1. Party A shall provide a duplicate copy of business license for Internet information service added value communication operation or a related proof of filing of non-operational Internet information service to Party B.
2. Should Party A plan to provide electronic bulletin service, a special application or special filing shall be submitted to the relevant departments in accordance with the laws and regulations of the People’s Republic of China, and shall provide the related proofs of the special application or special filing.
3. Party A’s information operation must conform to the “Administrative Procedure for Internet Information Service”, “Administrative Provision for Internet Electronic Bulletin Service”, and other relevant laws and regulations of the People’s Republic of China. Party A shall not engage in any illegal operation and shall be held liable for any legal liability induced by its information operation.
4. The information server equipment placed by Party A in Party B’s communication mechanical room shall meet all the technical interface indices and terminal communication technical standards of communication network of the People’s Republic of China. Electronic features and communication methods shall not affect the safety of public network.
5. Party A shall comply to the administrative rules of mechanical room of Party B and shall assure the safety of its information server equipment and information content.
6. Party A shall pay the fees to Party B in accordance with the amount, due date, and method stipulated in this Agreement.
7. Should Party A require Party B to provide services, such as reset of host computer, Party A shall provide accurate contact telephone number to Party B for confirmation. Should the telephone number provided by Party A be inaccurate or notification of telephone number change be delayed leading to failure of confirmation by Party B, Party B shall reserve the right not to bear the obligation of providing services, such as reset of host computer of Party A. Party A shall be held liable to bear all losses.
8. Party A shall be fully liable for any illegal operation leading to damage of Party B’s equipment. The compensation shall be limited by the repurchase cost of the damaged equipment and hardware, and shall not include the relevant software, databanks, and the similar configurations.
9. Within 30 days of placing server in Party B’s mechanical room, Party A shall process the relevant filing procedure in Beijing Computer S...
Rights and Obligations of Party A. 1. Has the right to know the contents and terms of the Master Contract executed by Party B and the Debtor;
2. Has the obligation to accept the financial supervision conducted by Party B and truthfully provide relevant financial information as required by Party B; and to sign and receive the collection letter or other collection documents issued by Party B and send the receipt within 3 days of signing and receiving.
3. In case of contracting, leasing, shareholding reform, joint operation, consolidation, merger, division, joint venture, application for suspension of business for rectification, application for dissolution, application for bankruptcy or change of registered capital, Party A shall give a 30 days’ prior notice to Party B;
4. In case of production suspension, business suspension, cancellation of registration, revocation of business license, legal representative or principal person in charge engaging in illegal activities, involving in a lawsuits with more than 20% of the registered capital, serious difficulties in production and operation, and deterioration of financial situation, Party A shall give a 5 days’ prior notice to Party B;
5. In the event that any of the above situations compromise Party A’s guarantee ability, Party A shall ensure that all the guarantee liabilities hereunder will be properly fulfilled;
6. During the guarantee period, in the event that Party A provides any form of guarantee to any third party, it shall not damage Party B’s interests;
7. Party A shall be obliged to supervise the Borrower’s use of the loan; upon expiration of the principal debt performance period, Party A shall be obliged to urge the Debtor to pay off the debts.
8. Prior to the completion of the performance of the loan contract, Party A may not exercise the right to claim repayment or any right obtained under this Guarantee Contract, even if Party A has paid off part of the debts. However, if Party A’s intend is to maintain the limitation of action, this limitation shall not apply, and the enforcement fund of the action shall be used to repay the principal and interest of the loan first.
Rights and Obligations of Party A. 23. Party A shall provide necessary technical support to and cooperate with Party B in order for Party B to perform the obligations hereunder, and Party A shall provide relevant training and/or marketing materials as may be required for the operation of the authorized business.
24. Party A shall provide to Party B account numbers and relevant authority for its electronic operating system and support system and business related training, electronic system training and service training.
25. Party A shall provide the latest fee standards and policies, administration procedures, promotion activities plans and other policies and plans related to the authorized business to Party B as soon as practicable.
26. Party A shall pay channel expansion service fees to Party B according to the terms of this Agreement and schedules herein.
27. Party A may revise the policies regarding channel expansion service fees based on government policies, market competition, technology, service or product upgrade, etc. Such revised policies shall be deemed a valid part of this Agreement. Party A shall notify Party B of such revision on channel expansion service fees as soon as practicable.
28. Party A may evaluate performance of Party B based on existing evaluation policies and Party B’s operation results and reward or penalize Party B accordingly.
29. Party A may, in its sole discretion, formulate and revise requirements and evaluation policies; evaluate the Party B’s business capabilities, credits, timeliness of payment based on Party B’s performance; and adjust the level of authorization granted to and the deposit required from Party B accordingly.
30. Party A may supervise the operation of authorized business by Party B and reasonably appoint administration staff to inspect the authorized business as conducted by Party B at any time with respect to Party B’s marketing activities, service quality, and implementation of fee standards.
31. Party A authorizes Party B to use Party A’s image, brand and other symbols within the authorized scope. If such symbols are used outside of the authorized scope by Party B or in such manner that has not been authorized, Party A may request Party B to rectify such breach, and if such breaches are not rectified, Party A may penalize Party B, terminate co-operations with Party B, and reserve the rights to seek economic and legal rectification for its damages.
32. In the case of a breach of Party A’s policies and rules applicable to the authorized bus...
Rights and Obligations of Party A. 8.1 Party A shall have the following rights:
8.1.1 to demand Party B to repay the principal and interest of the loans, advances ,other credit debts and costs under this Agreement and the specific transaction documents in full on time;
8.1.2 to demand Party B to provide the materials in connection with its utilization of the Facility;
8.1.3 to obtain information about Party B’s production, operation and financial activities;
8.1.4 to supervise Party B’s utilization of the loans and/or other credit for the purpose as agreed in this Agreement and the specific transaction documents; to unilaterally suspend or restrict the corporate e-banking/corporate App/other online functions (including but not limited to closing the e-banking/corporate App/other online functions, presetting the list of the payment recipients/single payment limit/staged payment limit, etc.) and other electronic payment channels of Party B’s accounts directly after the occurrence of any event of default stipulated in the Agreement, restrict sale of settlement vouchers, or restrict counter payment and transfer of Party B's account, and restrict payment and universal withdrawal functions of non-counter channels such as telephone banking and mobile banking;
8.1.5 to entrust other branches of China Merchants Bank located at the beneficiary's location to re-open letters of credit to the beneficiary after accepting Party B's application to open letters of credit in accordance with its internal processes;
8.1.6 to make deductions from Party B’s own accounts directly or through Party A’s domestic branches for repayment for Party B’s debts due and payable under this Agreement and the specific transaction documents (when the currency of credit debts is not RMB and the debit proceeds are in different currencies , Party A has the right to purchase exchange directly or conduct foreign exchange trading from any of Party B’s own accounts to repay the credit principal, interest and expenses as per the exchange rate published by Party A at the time of deduction);
8.1.7 to assign its creditor’s claims against Party B, and notify Party B of such assignment by such means as it thinks appropriate, including but not limited to fax, mail, personal delivery, announcement on public media, etc., and urge Party B to pay the same;
8.1.8 to supervise Party B’s account, entrust other institutions of China Merchants Bank than Party A to supervise Party B’s account, and control payment of the loan funds within the loan purp...
Rights and Obligations of Party A. 8.1 Party A shall have the following rights:
8.1.1 To require Party B to make payment of the principal and interest of the Loan when they become due;
8.1.2 To require Party B to provide any information relating to the Loan;
8.1.3 To look into the operations and financial activities of Party B;
8.1.4 To supervise Party B on its usage of the Loan for the purpose prescribed herein;
8.1.5 To deduct the principal and interest of the Loan directly from Party B’s account;
8.1.6 To require Party B to prepay the Loan before due date or stop Party B from making further drawdown in accordance with the provisions hereof if Party B is in default of performance of its obligations hereunder;
8.1.7 To require Party B to pay in full the principal and interest of the Loan and all other relevant expenses hereunder immediately, to transfer all the debts hereunder to an assignee acceptable to Party A, or to provide/increase security acceptable to Party A if Party B is found to have been in any of the situations specified in Clause 7.2.6.
8.2 Party A shall undertake the following obligations:
8.2.1 To grant the Loan to Party B upon the terms stated in this Contract;
8.2.2 To keep Party B’s indebtedness, financial, production and operational conditions confidential unless otherwise required by law.
Rights and Obligations of Party A. 1. Party A shall have the right to make clear, explicit and reasonable requirements for service items provided by Party B.
2. Party A shall have the right to inspect the completion of service items by Party B’s staff and give corresponding feedback to Party B.
3. If the service provided by Party B’s staff fails to meet the relevant requirements, Party A shall have the right to request Party B to replace its personnel after assessment and confirmation by both parties.
4. Party A shall have the right to supervise and guide the progress of the services and put forward suggestions for improvement.
5. The employees provided by Party B to Party A are legitimate employees carefully selected by Party B, and Party A shall not employ Party B’s employees without Party B’s consent. Party B shall not be liable for any failure or delay in completion of the services hereunder due to Party A’s employment of Party B’s staff.
6. Party A shall pay the service fee and other expenses agreed by both parties to Party B on time and in full amount.
7. Party A shall cooperate with Party B to strengthen the daily management of Party B’s door-to-door service staff.
8. Party A shall designate relevant person in charge to examine and confirm the work tasks completed by Party B and its staff as agreed by both parties.
9. Without the written consent of Party B, Party A shall not designate Party B ’s employees to engage in work beyond the services items. Otherwise, Party A shall be liable for indemnification in case of any accidental injury to Party B’s employees or any damage to any third party arising therefrom.
10. Party A shall provide Party B’s staff with office places and working equipment which are safe, compliant with laws and regulations in relation to national labor protection and other working conditions necessary for accomplishing work tasks.
11. In case of any change in Party A’s Outsourcing Service Project or business operation, Party B shall increase or decrease its service personnel in accordance with the following notification principles:
11.1 Party A shall inform Party B one week in advance of any increase or decrease of less than or equal to 10 persons;
11.2 Party A shall inform Party B two weeks in advance of any increase or decrease of more than 10 persons.
Rights and Obligations of Party A. 1. Party A shall deliver the Property to Party B within the agreed time and ensure that the facilities of the Property for power supply, heating, water supply and sewage discharge are in working order. In case of water leakage, abnormal supply of water and electricity that affects the normal use of the Property by Party B, Party A shall resolve it within one day after receiving the notice from Party B.
2. Party A shall guarantee that the title of the Property is clear, and the firefighting acceptance is qualified and meets the using requirements of the Property leased. If the Property has a title dispute or creditor's rights and debts related to Party A, Party A shall be held accountable. Party A shall compensate Party B for the losses caused thereby.
3. Party A shall be responsible for the regular inspection of the Property and bear the normal property maintenance costs. If Party B or the third party suffers personal and property losses due to Party A’s delay in repairing the Property, Party A shall be fully responsible therefor.
4. If Party A needs to sell, transfer or mortgage the Property, Party A must notify Party B in writing three months in advance and expressly guarantee that such sale or transfer will not affect the performance of this Contract. Otherwise, Party A shall double the refund of the deposit and fully compensate Party B for the expenses incurred in the renovation of the Property. If it causes other losses to Party B, Party A shall be responsible for compensation.
5. At the end of the term of lease, Party B is allowed to relocate or remove its own items such as air conditioners that are installed at Party B’s own expense at the time of entry, but the principle is that such removal shall not affect the original condition of the Property at the time of initial delivery.
Rights and Obligations of Party A. 12.1 Party A should provide Party B with the necessary procedure and information in order to guarantee the normal operation of Party B.
12.2 During the agreement period, Party A could provide liquor industry sales trend reports and effective sales promotion way used in other sales market.
12.3 When Party A is sending inspector to conduct the work of Party B, Party B should cooperate with the job of the inspector.
12.4 The commitments any staff (including General Manager) from Party A makes to Party B should be in written form, and should the official documents with the authorization of the representative of Party A and the company seal, otherwise invalid.
Rights and Obligations of Party A. (1) Party A has the right to obtain transfer income in accordance with the law, and has the right to require Party B to pay the forest right transfer price in accordance with the contract. Supervise Party B to use and protect the forest land reasonably according to the contract.
(2) Party A has the right to recover the operation right or use right of the transferred forest land after the expiration of the circulation forest land period agreed in this contract.
(3) The ownership of the provided forest land and forest tree rights should be clear and legal, and there should be no ownership disputes or economic disputes. If ownership disputes or economic disputes are found in the original forest land and forest trees after transfer, Party A shall be responsible for handling and assuming corresponding responsibilities.
(4) Provide proof materials such as the national unified forest right certificate, legal collective resolution records of the original transferor, or original contracting and transferring operation contracts signed with collective economic organizations for the scope of the transferred forest land.
(5) Party A shall not interfere with or damage Party B’s production and operation activities. Assist Party B in forest fire prevention and forest area security management. Assist Party B in applying for forest land and forest tree ownership registration or change registration, and forest tree felling procedures, and the relevant expenses shall be borne by Party B.
